7.38.370 CONFIDENTIAL INFORMATION.

(a) Any information submitted to the Director pursuant to this chapter shall be made available to the public without restriction, unless the user specifically requests, and is able to demonstrate to the satisfaction of the Director, that the release of such information would divulge information, processes, or methods which would be detrimental to the user's competitive position and is not required to be disclosed pursuant to the California Public Records Act, or similar law.

(b) Any such requests must be asserted at the time of submission of the information or data. When requested and demonstrated by the user furnishing the report that such information should be held confidential, the portions of a report which might disclose trade secrets or secret processes shall not be made available for inspection by the public, but shall be made available immediately upon request to governmental agencies for uses related to the industrial pretreatment program, and in enforcement proceedings involving the person furnishing the report.

(c) Information and data provided to the Director pursuant to this section which constitutes effluent or flow data shall not be recognized as confidential information and shall be available to the public without restriction.

(d) A user may be prohibited from discharging a substance unless its composition is made known to the Director.